Kerala High Court
Ponnappan vs State Of Kerala on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
BAIL APPL. NO. 1924 OF 2024
CRIME NO.148/2024 OF CHINGAVANAM POLICE STATION, KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED 29.02.2024 IN CRMP NO.518 OF 2024
OF DISTRICT COURT & SESSIONS COURT, KOTTAYAM
PETITIONER/ACCUSED:
PONNAPPAN,
AGED 68 YEARS
S/O. PARAMESWARANACHARI,
PARAPARAMBIL HOUSE, KUZHIMATTOM P.O.,
CHINGAVANAM, KOTTAYAM, PIN - 686533
BY ADVS.
JAYARAMAN S.
ALEN J. CHERUVIL
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1924 OF 2024
2
ORDER
Dated this the 21st day of May, 2024
This is an application for anticipatory bail filed under
Section 438 of the Code of Criminal Procedure by the sole
accused in crime No.148/2024 of Chingavanam Police Station,
Kottayam.
2. Heard the learned counsel for the petitioner and the
learned Public Prosecutor in detail. Perused the relevant
documents form part of the case diary.
3. The prosecution allegation is that on 07.12.2023,
while the de facto complainant, who is the wife of the son of the
petitioner, was alone at the matrimonial home, the petitioner,
who is her father-in-law, caught hold of her from behind while
she was changing her dress at her room. On this premise, the
prosecution alleges commission of offence punishable under
Section 509 read with Section 354 of IPC.
4. The learned counsel for the petitioner would submit
that even though anticipatory bail plea was raised before the
BAIL APPL. NO. 1924 OF 2024
Sessions Court, the learned Sessions Judge dismissed the
application. According to the learned counsel for the petitioner,
the allegations are false and the de facto complainant is
aggrieved in the matter of execution of a will deed by the
petitioner in favour of the husband of the de facto complainant
as well as the grandson of the petitioner, who born in the first
marriage of the petitioner's husband. The learned counsel for
the petitioner offered cooperation in the matter of investigation.
That apart, the petitioner is ready to abide by any conditions as
a pre-requisite for grant of anticipatory bail.
5. Though the learned Public Prosecutor formally
opposed bail, the overt act alleged against the petitioner inside
the matrimonial home is a matter of evidence. Since
investigation is possible even without custodial interrogation,
the petitioner can be enlarged on anticipatory bail by imposing
conditions.
In the result, this petition stands allowed. The petitioner is
enlarged on anticipatory bail on the following conditions:
BAIL APPL. NO. 1924 OF 2024
i. The petitioner shall surrender before the
Investigating Officer within ten days from today
and on such surrender, the Investigating Officer
can question the petitioner and record his
statement. In the event of his arrest, the
Investigating Officer shall produce the petitioner
before the Jurisdictional Court on the date of
arrest itself.
ii. On such production, Jurisdictional Court shall
release the petitioner on bail, on executing
bond for Rs.30,000/- (Rupees thirty thousand)
by himself and by two solvent sureties, each
for the like sum to the satisfaction of the
Jurisdictional Court.
iii. The petitioner shall co-operate with
investigation and shall be made available for
interrogation and for the purpose of
investigation, as and when the Investigating
Officer directs so.
iv. The petitioner shall not, intimidate the witnesses
or interfere with the investigation in any manner.
v. The petitioners shall not commit any offence
during the currency of this bail and any such
involvement is a reason to cancel the bail hereby
granted.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
